The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-11

AS to the second question, it evil
IDENTIFY now engages earnest public at
| tention. and divides opinion. Con-
sidering these facts, and the import
ance of continuing the power of
! Congress over the subject OF polygamy;
and of relieving the power from any
| question, We venture respectfully to re-
| commend the adoption OF an amend
ment 20 the constitution OF The United
| States, prOhiolting The institution or
! pracuce Of poli gauy III any form in
the 'tateS, and IN the territories
or other places over which the
| United States have exclusive jurisdIc-
ton, supplemented with appropriate
! poweC of f. giSlatiOn to carry it into full
effect This recommendation is in &C
cOrdanCe with propositions which have
already been submitted, respectively, IN
| he Senate and House OF Representa-
tiVes, of which that in the House
was supported by an able, and elaborate
! report from its Judiciary committee.
Such an amendment would put an end
to special and provisional legislation
upon disturbing question which leg
IslatiOn under the present Institution
must cease to operate with the cessation
of the territor al status. 1t would raise
an implied and incidental power.
| primarily drawn from the power OF
Congress Ito dispose of and make all
needful rules and regulations respecting
the territory or other property belong
| ing 70 the United States, " TO the dignity
OF an express power imbedded IN that
| instrument itself.
Other considerations favor il. L
would inure US solemn and deliberate
verdict of the American people against
| the practice of polygamY, either as a
social institution or religious rite. 1t
! would serve as a rampant for the pro-
| lection OF mOnOgamV, the bedrock OF
American and European civilization,
| aga n It the inroadS of an Asiatic vice. II
would be an authoritative notice 10 I'M
migrants from all lands that the United
States are dedicated to The virtues of
| mOnOgamy, and, passing as a lesson
into the common schools of the country,
would form the minds of rising gen
erations in harmony with its ideas ANA
| object. Yours respectfully,
a. B. CARLTON.
JOHN 4. MCCLERNAND.
Hon. L. Q. c. Lamar, Secretary Of rs
Interior, Washington, d. g.
Appendix
OFFICE OF THE UTAH COMMISSION,
SALT LAKE CITY, May ?, 1887.
The following letter is published for
the information of the registration Off
GERS:
OFFICE or THE UTAH COMMISSION,
SALT LAKE CITY, April %, 1887.
Hon. c. W. Bennett-DEAR SIR: In
response to q request by a committee OF
gentlemen that called on this commits
sion several days ago in reference TO
change of the form Of the registration
oath which has been furnished to the
registration officers throughout the
Territory, we would res pectfuily say that
we are not convinced of the propriety,
or necessity, of making such change,
for a number of reasons, among others;
1st. Because we are satisfied that the
oath furnished by US is in accordance
with the law.
2nd. The notifications proposed by
you, if equivalent to the language en-
ployed by the act of Congress, are IN
necessary; and if not in accordance
with the act, they are Illegal.
The law is one declaring the political
dlSlranChiseme nt of the citizen under
certain conditions. We hardly need
add that such laws, as a rule, are
viewed critically and construed strictly
by the courts, in favor Of political man
hood.
Sd. The request comes at such late
day (tbe registration beginning May
2d,) and so long after the
printed forms of affidavits to
the number of $4,000 have been
distributed over the Territory, that the
proposed change would occasion much
delay and great unnecessary expense.
Atm. Plainly, it is not the intent OF
the law to prescribe any religious creed
to the citizen, but to prescribe rule OF
action, irrespective OF his present or
future secret intentions or convictions,
or the change of any of them. The
oath we have formulated in the terms
of the law is but auxiliary to the en-
forcement of the actual observance Of
the law ana the rule OF action prescribed
by it; hence, as a conclusion, 1t is
equally plain TO US, that whatsoever
takes the oath and transCends the rule
it prescribes by perpetrating a pro-
hibited and punishable crime, thereby
incurs not only the strain of moral per
jury, but liability to legal punishment
for the commission of any such pro-
hibited crime; and this consequence
would as logically and necessarily fol-
low the infraction of the form of oath
which We have furnished as the inter
polated form which has been proposed.
9Th. The fact that Congress has pre-
scribed the oath is, in itself, an sssump-
ton by that body that the oath will not
be vain, but be practically binding upon
conscience and useful. Otherwise, why
the legal requirement OF the oath2 Nor
is this construction inconsistent with
either the municipal or moral law.
which respectively presume the honesty
and innocence of the individual, until
that presumption is overcome by com
petent proof.
9th. Since the interview with the
committee at our rooms, we were Gd-
yised that a written communication
was to be presented by the committee,
and afterward We received information
that II would not be presented. We
therefore make this reply, desiring to
oe entirely courteous TO the committee,
experimenting that further delay might
be misconstrued.
By'ordsr of the commission.
w. c. HALL, Sec'y.